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(영문) 수원지방법원 안산지원 2015.07.17 2015고단1563
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:30 on May 7, 2015, the defendant left the company of the trade name, "D, working for the defendant in Ansan-si, the same company's employees, such as the victim E (the age of 43)'s living attitudes, etc., the defendant left the victim's face one time with rubber net ( approximately 30 cm in length) which is a dangerous object from the victim's seat, and put about about 14-day treatment on the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. A written diagnosis of injury;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Discretionary mitigation (The favorable circumstances examined in the following sentencing grounds) Articles 53 and 55(1)3 of the Criminal Act

1. The reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (hereinafter the following factors] (where a person engaged in special mitigation] commits dolusent intentional injury, minor injury, and victim where he/she also has considerable responsibility for the occurrence of a crime, the scope of sentence compared with the applicable sentences and the recommended sentences: one year and six months from one year to two years from one year and six months from one year and six months from one year and two years from one year and two years from the suspension of execution (decision of sentence], and two years from one year and six months from one year and six months from one year and two years from one year and one year and six months from the suspension of execution did not properly communicate with each other in the course of warning that he/she is negligent in performing his/her duties, and thus, he/she does not want to be punished for the crime of this case. However, considering the fact that the defendant was the first offender and his/her mistake is divided and that agreement with the victim and the defendant are favorable.

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